What Actions Result In The Loss Of Your Driver License

If you are convicted of Driving Under the Influence (DUI) of either alcohol and/or drugs or both, and you have an excessive BAC level, you may be sentenced to serve up to six months in jail and pay a fine between $390—$1,000 (plus about three times the fine in penalty assessments) the first time you are convicted. On the first conviction, the court will suspend your driving privilege for six months and require you to complete a DUI program before your driver license can be reinstated. The length of the program may vary.

Under 21—Zero Tolerance for Alcohol Use:

If you are under 21 years of age, you must submit to a hand-held breath test, Preliminary Alcohol Screening (PAS), or one of the other chemical tests if you have been detained and a police officer has reason to believe you were drinking alcohol. If your BAC measures 0.01% or higher on the PAS, the officer may take your driver license and issue you a temporary driver license for only 30 days, give you an order of suspension for one year, and then determine whether to release you, turn you over to juvenile authorities, or contact your parent(s) or guardian(s). You may request a DMV administrative hearing within 10 days.

Points on your driving record:

The DMV keeps a public record of all your traffic convictions and collisions. Each occurrence stays on your record for 36 months, or longer, depending on the type of conviction. The Negligent Operator Treatment System (NOTS) is based on negligent operator points and consists of a computer generated series of warning letters and progressive sanctions against the driving privilege.

You may be considered a negligent operator, when your driving record shows one of the following “point count” totals:

• Reckless driving or hit-and-run driving
• Driving Under the Influence (DUI) of alcohol/drugs
• Driving while driver license is suspended or revoked

If you get 4 points in 12 months, you will lose your driver license. A violation received in a commercial vehicle carries one and one-half times the point count normally assessed. For detailed point count information, refer to the California Commercial Driver Handbook.

Evading a Peace Officer:

Any person who willfully flees or attempts to evade a police officer performing his or her duties is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year (CVC §2800.1).

Driving without Insurance:

All motor vehicles driven in California must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended. Your license will be suspended for four years if you are found to be driving without insurance. It may be returned to you after the first year, if you submit the proof of insurance to the DMV. You will need to ensure that you continue the insurance fro the next three years as well.

Mental Conditions or Physical/Psychological Disqualification:

The DMV’s Chief Administrator can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely. If you suffer from a loss of consciousness, poor judgment, poor vision, lack of agility or decreased alertness, you may face a license suspension.

Non-Driving Reasons for License Suspension:

A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a DMV notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support. If you default on your child support payments, your license can be suspended. In this case you will be given a temporary license for 150 days.

Raphael Locsin is the principal agent at Shift Insurance. His goal is to help individuals and companies alike protect their assets and manage liabilities. He created this blog as a way to compile industry knowledge, resources, and general information for the purpose of consumer education.